ccreg 10-20-1998
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REGULAR SESSION OF THE SCHERTZ CITY COUNCIL
OCTOBER 20, 1998
The Schertz City Council convened in Regular Session on Tuesday, October 20,
1998 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz
Parkway, Schertz, Texas. The following members were present: Mayor Pro-
Tern Ken Greenwald, presiding; Council members Pia Jarman; Joe Potempa and
Norman W. Agee, Sr. Absent: Mayor Hal Baldwin and Council member Timothy
Swinney. Staff present were City Manger Kerry Sweatt and City Secretary
Norma Althouse.
Mayor Pro-Tern Greenwald asked everyone to rise and join him in the Pledge of
Allegiance to the Flag.
#1 APPROVAL OF MINUTES:
Special Session
Regular and Budget Workshop Session
Special and Budget Workshop Session
Regular and Budget Workshop Session
07 -29-98
08-04-98
08-12-98
08-18-98
Mrs. Jarman moved to approve the minutes for the Special Session of 7-29-98,
the Regular and Budget Workshop Session of 8-04-98, the Special and Budget
Workshop Session of 8-12-98 and the Regular and Budget Workshop Session of
8-18-98. Mr. Agee seconded the motion, which carried with the following votes:
AYES: Councilmembers Jarman, Potempa and Agee.
NAYS: None.
#2 HEARING OF RESIDENTS: Those citizens wishing to speak on agenda
items (other than public hearing items) or items not on the agenda, will be heard
at this time.
George Mower of 501 Brooks Ave. said he had two questions. (1) What, if any,
are the plans for Freeway Manor Subdivision? (2) What are the plans for Cibolo
Creek? After the last flood, he had recommended buying the land around the
Creek and cleaning up the Creek. Mayor Pro-Tern Greenwald commented he
surmises from that statement that Mr. Mower is willing to pass a bond issue to
buy all this land. Mr. Mower indicated it would be better than all this building and
hooking onto the system for water the City doesn't have. Mayor Pro-Tern
Greenwald then asked Mr. Mower if he would be willing to chair a committee for
this clean-up project and Mr. Mower replied no, but he would be willing to serve
on such a committee. )
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Mr. Agee inquired how much land along the Cibolo Creek is in the City of Schertz
and Mr. Sweatt replied he is not sure. He would estimate approximately 100-200
acres depending on how far you go.
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Leon Davis of 1017 Gettysburg asked if it had been determined what caused the
flood this past weekend. Mr. Sweatt replied the large amount of rain (18 to 20
inches). Mayor Pro-Tern Greenwald added that the rain fell in a short amount of
time.
Mr. Davis noted the electricity was also out and he lost some food, but GVEC
told him the City said not to turn it on. Mayor Pro-Tern Greenwald stressed they
had to wait until it was safe to turn it on. Mrs. Jarman told him if he had seen the
houses on River Road in water, he wouldn't have wanted the electricity on. Mr.
Sweatt emphasized they did what they felt was best for the community as far as
decisions regarding life and property.
Mr. Davis wondered what took so long and observed that perhaps some things
could have been done quicker.
Mr. Mower then changed the subject back to Freeway Manor and any plans the
City has for that subdivision. Mr. Sweatt reminded him they had asked the City
to supply the water/sewer and street improvement costs and the City did that.
Then a lawsuit followed and they haven't heard anything since. Mr. Sweatt went .
on to say when Freeway Manor was annexed, the City was in compliance with
laws applicable at that time. Mr. Agee added that until such time as the litigation
is settled, he doesn't see how there can be a reply.
#3 ORDINANCE: Consider and take action on final reading of Ordinance
regarding TMRS and the continuing automatic updated service ceredit
calculations and increases in the contribution rate.
Mayor Pro-Tern Greenwald introduced an ordinance and read the caption as
follows:
ORDINANCE NO. 98-M-31
TEXAS MUNICIPAL RETIREMENT SYSTEM
AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT
GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED
SERVICE CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS FOR
SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM
WHO AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE IN THE
EMPLOYMENT OF THE CITY OF SCHERTZ; PROVIDING FOR INCREASED
PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND
BENEFICIARIES OF DECEASED RETIREES OF THE CITY; PROVIDING FOR
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INCREASED MUNICIPAL CONTRIBUTIONS TO THE CURRENT SERVICE
ANNUITY RESERVE AT RETIREMENT OF THE EMPLOYEES OF THE CITY;
AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE.
Mr. Agee mentioned he will have to abstain. Mr. Sweatt pointed out to Mr. Agee
that Mr. Greenwald, presiding as mayor Pro-Tern, can't vote and so that only
leaves three members to vote. Mayor Pro-Tern Greenwald suggested Mr.
Sweatt look at the Charter because he thinks in this situation the ordinance
automatically passes. Mr. Sweatt went to get the City Charter and when he
returned, stated this is a simple motion and all that is required for it to pass is a
simple majority of those present.
Mrs. Jarman moved to approve the final reading of an Ordinance regarding
TMRS and the continuing automatic updated service credit calculations and
increases in the contribution rate. Mr. Potempa seconded the motion, which
carried with the following votes:
AYES: Councilmembers Jarman and Potempa.
NAYS: None.
ABSTENTIONS: Council member Agee.
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#4 ORDINANCE: Consider and take action on final reading of Ordinance
rezoning 2.109 acres from MH to GB (ARC - Pecan Grove).
Mayor Pro-Tern Greenwald introduced an ordinance and read the caption as
follows:
ORDINANCE NO. 98-5-32
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING
THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 96-5-28 BY
REZONING 2.109 ACRES OF LAND OUT OF GUADALUPE COUNTY AND
REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN
ACCORDANCE WITH THE SCHERTZ UDC ORDINANCE.
Mr. Potempa moved to approve the final reading of an Ordinance rezoning 2.109
acres from MH to GB. Mr. Agee seconded the motion, which carried with the
following votes:
AYES: Councilmembers Jarman, Potempa and Agee.
NAYS: None.
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#5 ORDINANCE: Consider and take action on final reading of Ordinance .
rezoning two parcels of land - 0.969 acres from R-2 to GB and 0.127 from GB to
R-2 ((M.W. Cude/ABG Investments).
Mayor Pro-Tern Greenwald introduced an ordinance and read the caption as
follows:
ORDINANCE NO. 98-5-33
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING
THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 96-S-28 BY
REZONING TWO TRACTS, 0.969 ACRES AND 0.127 ACRES, OUT OF
GUADALUPE COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN
ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ UDC ORDINANCE.
Mrs. Jarman moved to approve the final reading of an Ordinance rezoning two
parcels of land - 0.969 acres from R-2 to GB and 0.127 acres from GB to R-2
Mr. Potempa seconded the motion, which carried with the following votes:
AYES: Councilmembers Jarman, Potempa and Agee.
NAYS: None.
#6 ORDINANCE: Consider and take action on first reading of Ordinance .
amending the Code regarding alcoholic beverages.
Mayor Pro-Tern Greenwald introduced an ordinance and read the caption as
follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING
THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS BE
AMENDED BY DELETING CHAPTER 3, ALCOHOLIC BEVERAGES, AND
REPLACING SAME WITH A REVISED CHAPTER 3, ALCOHOLIC
BEVERAGES; PROVIDING A SAVING CLAUSE, PROVIDING A PENALTY;
PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
Mr. Sweatt advised these changes track State law. Chief Smith is here to
answer any questions Council may have.
Chief Smith explained the wording Liquor Control Act is replaced by Texas
Alcoholic Beverage Code and the reference to 300,000 population is replaced by
a reference to 500,000 population. Also, the fees have been updated to conform
with the guidelines set out by T ABC. .
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Mr. Potempa moved to approve the first reading of an Ordinance amending the
Code regarding alcoholic beverages. Mr. Agee seconded the motion, which
carrieed with the following votes:
AYES: Councilmembers Jarman, Potempa and Agee.
NAYS: None.
#7 CITY MANAGER'S REPORT
A. Related the following information regarding the flood of October 17, 1998:
The City has been inundated with volunteerism. Beginning tomorrow, volunteers
will be assigned to specific areas.
The appraisals of damage to City property are in the process of being finished
up. Teams have been going block by block to make residential damage
assessments.
Two funds have been established where donations of money can be made for
flood relief funds. One is at the Schertz Bank & Trust and the other is at the
State Bank. A committee has been formed to review the applications for aid.
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They understand FEMA will be here tomorrow. They also expect the President's
declaration of disaster tomorrow.
Twenty-three houses had their gas shut off and some had electricity shut off. All
of Clyde Ford Village was shut off because they had extensive damage.
The Health Department has cooperated as far as providing innoculations.
There were 345 calls to 9-1-1 from 7:55 a.m. Saturday through 6:00 a.m.
Sunday. Mr. Potempa asked if 9-1-1 ever went down and was told it did not.
The old animal control building where some of the Christmas decorations were
stored is gone.
The Lakewood area is in bad shape.
Chief Woodward stated he was very proud of all the employees and expressed
his thanks. They had no outside help for quite a long time. There are lots of
good people at the City. Mr. Agee observed they have come to expect that
because they know the City has a lot of good people.
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Mr. Greenwald commented the only complaint he heard was that people were
not notified sooner. Chief Woodward said we were lucky that we didn't lose any
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lives. Mrs. Jarman pointed out even the Weather Bureau didn't know the flood .
was coming. Mr. Potempa felt everyone did a great job.
Mrs. Jarman asked if there would be any pick up for carpet, etc. and Mr. Sweatt
answered they've had a wonderful response from Waste Management.
Dumpsters have been located in the park area and various other locations
throughout the City. Mr. Greenwald wondered about large fumiture items and
was told they have a large claw that will pick those up and crush them.
B. Stated Council had tentatively set a public hearing date of November 3rd on a
request from the Carolina Crossing developers. Since that time, Planning and
Zoning denied approval of the Master Plan. The public hearing is strictly for a
zoning change, but disapproval of the Master Plan doesn't give them the
authority to build. What is Council's pleasure on this? The consensus of Council
was to hold off on the publishing of the public hearing notice.
C. Reminded Council there is no meeting next week due to TML.
#8 ITEMS BY COUNCIL
Mrs. Jarman:
· Reported that yesterday, in the rain, four (4) Samuel Clemens High School .
students repaired fences in the Lone Oak subdivision. Mrs. Stovall has their
names and addresses.
Mr. Potempa:
· Stated his wife got out of intensive care the other day and he hopes to have
her home sometime this week. He's glad we have SAFES - their
professionalism is outstanding.
· Speaking of SAFES, Mr. Sweatt commented they felt it was inappropriate to
have their fundraiser (originally scheduled for this Friday) at this time of need
in the community, so the auction items will be raffled off and the food is free.
Mr. Aoee:
· Thanked everyone for a wonderful job during the flood and said he was proud
of them.
· Noted his prayer list is long, but it appears his little brother is getting better.
· Mentioned Bob Fleming, corner of Maple and Oak, suffered damage again
this year, but this time he did have flood insurance.
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. Asked what kind of a building FEMA is looking for to locate their office and
Mr. Sweatt replied one where they can install 15 phone lines. Chief
Woodward suggested the possibility of the old Pecan Grove office building.
#9 ITEMS BY MAYOR
. Regarding the flood, mentioned the following: one of the news channels went
into the Lakewood area and said it was in the City limits; the local Red Cross
needs cleaning supplies; the Housing Authority had HUD people over
assessing already; there are some people who think the residents of
Lakewood Acres should not be allowed to rebuild; expressed appreciation to
all the City employees for a job well done; thanked everyone for their concern
about his family - his house was one of the ones damaged in the flood.
#10 ADJOURNMENT
Mayor Pro-Tern Greenwald adjourned the meeting at 8:21 p.m.
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Mayor Pro-Tern, City of Schertz, Texas
ATTEST:
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City Secretary, City of Schertz
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